Supplementary Provisions, Article 4
第四条
The amount of the retirement allowance for those, among covered employees under retirement allowance mutual aid contracts that took effect before the Effective Date who retire on or after the Effective Date (hereinafter referred to as "continuing covered employees"), for whom no past service premium has ever been paid, is, notwithstanding Article 10, paragraph (2) of the New Act, the total of the amounts calculated under each of the following items (if that total has a fraction of less than one yen, it is rounded up to one yen); provided, however, that where the retirement is due to death and that total is less than the total amount of premiums paid, the amount of the retirement allowance is the amount equivalent to the total amount of premiums paid.
the amount calculated by dividing the monthly premium (in the case of a monthly premium exceeding 1,200 yen, 1,200 yen) into categories of 100 yen each and, for each category, adding one tenth of the amount specified in the third column to one twelfth of the amount obtained by subtracting three times the amount specified in the third column from the amount specified in the second column of Appended Table 1 of the New Act according to the number of months of paid premiums relating to that category;
掛金月額（千二百円を超える掛金月額にあつては、千二百円）を百円ごとに区分し、当該区分ごとに、当該区分に係る掛金納付月数に応じ新法別表第一の第二欄に定める金額からその第三欄に定める金額の三倍の額を減じて得た金額の十二分の一の金額に、その第三欄に定める金額の十分の一の金額を加算した金額
for a monthly premium exceeding 1,200 yen, with the excess amount divided into categories of 100 yen each, for each category, one tenth of the amount specified, according to the number of months of paid premiums relating to that category, in the third column of Appended Table 1 of the New Act (where the monthly premium has been changed and the case falls under a case set out in (a) or (b) below (excluding where the number of months of paid premiums is less than 24), for the amount prescribed in (a) or (b), with that amount divided into categories of 100 yen each, for each category, in the fourth column of that table according to the number of months of paid premiums relating to that category):
千二百円を超える掛金月額について、その超える額を百円ごとに区分し、当該区分ごとに、当該区分に係る掛金納付月数に応じ新法別表第一の第三欄（掛金月額の変更があつた場合において、次のイ又はロに掲げる場合に該当するとき（掛金納付月数が二十四月未満である場合を除く。）は、当該イ又はロに定める額については、当該イ又はロに定める額を百円ごとに区分し、当該区分ごとに、当該区分に係る掛金納付月数に応じ同表の第四欄）に定める金額の十分の一の金額
where the date on which the retirement allowance mutual aid contract took effect is before December 1, 1980 and there is a monthly premium on or after that date that exceeds the maximum amount of the monthly premium before that date: the amount in excess of that maximum amount;
退職金共済契約の効力が生じた日が昭和五十五年十二月一日前である場合において、同日前における掛金月額の最高額を超える掛金月額が同日以後にあるとき。 当該最高額を超える額
where the date on which the retirement allowance mutual aid contract took effect is on or after December 1, 1980 and there is a monthly premium exceeding the monthly premium on the date on which it took effect: the amount in excess of the monthly premium on the date on which it took effect.
退職金共済契約の効力が生じた日が昭和五十五年十二月一日以後である場合において、当該効力を生じた日における掛金月額を超える掛金月額があるとき。 当該効力を生じた日における掛金月額を超える額
With regard to the application of Article 13, paragraph (4) of the New Act to the payment of a cancellation refund where a retirement allowance mutual aid contract that took effect before the Effective Date and for which no past service premium has ever been paid is cancelled on or after the Effective Date, the phrase "1,000 yen" in that paragraph is deemed to be replaced with "100 yen", the phrase "when there is a monthly premium exceeding the monthly premium on the date the retirement allowance mutual aid contract took effect" is deemed to be replaced with "when the case falls under a case set out in Article 4, paragraph (1), item (ii), (a) or (b) of the Supplementary Provisions of the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (Act No. 37 of 1986)", the phrase "the amount in excess" is deemed to be replaced with "the amount prescribed in (a) or (b) of that item", and the phrase "amount" is deemed to be replaced with "one tenth of the amount".
施行日前に効力を生じた退職金共済契約で過去勤務掛金が納付されたことのないものが施行日以後に解除されたときにおける解約手当金の支給に関する新法第十三条第四項の規定の適用については、同項中「千円」とあるのは「百円」と、「退職金共済契約の効力が生じた日における掛金月額を超える掛金月額があるとき」とあるのは「中小企業退職金共済法の一部を改正する法律（昭和六十一年法律第三十七号）附則第四条第一項第二号イ又はロに掲げる場合に該当するとき」と、「その超える額」とあるのは「同号イ又はロに定める額」と、「金額」とあるのは「金額の十分の一の金額」とする。
retirementmachine translation
「退職」
The ending of an employee's employment relationship with their employer (事業主).
Defined inArticle 2, paragraph (2)· applies throughout the law
retirement allowance mutual aid contractmachine translation
「退職金共済契約」
A contract under which an employer (事業主) promises to pay premiums (掛金) to the Organization for Workers' Retirement Allowance Mutual Aid (独立行政法人勤労者退職金共済機構) and the Organization promises to pay a retirement allowance (退職金), as this Act provides, when the employer's employees leave; a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約) is not one.
Defined inArticle 2, paragraph (3)· applies throughout the law
covered employeemachine translation
「被共済者」
A person to whom the Organization (機構) must pay a retirement allowance (退職金) when they leave their employment, under a retirement allowance mutual aid contract (退職金共済契約) or a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約).
Defined inArticle 2, paragraph (7)· applies throughout the law
number of months of paid premiumsmachine translation
「掛金納付月数」
The number of months for which premiums (掛金) have been paid for a covered employee (被共済者); no retirement allowance (退職金) is paid if it is under 12.
Short name set inArticle 10, paragraph (1)
the New Actmachine translation
「新法」
This Act as amended by Act No. 37 of 1986.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 37 of 1986, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
continuing covered employeemachine translation
「継続被共済者」
In Article 4 of the supplementary provisions (附則) of Act No. 45 of 1980 and of Act No. 37 of 1986, a covered employee (被共済者) under a retirement allowance mutual aid contract (退職金共済契約) that took effect before the amending Act came into effect who leaves on or after that day; that Article sets how their retirement allowance (退職金) is worked out.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.